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欧盟法院刚刚维持欧美数据协议效力,特朗普阴影笼罩DPF合法性
3 6 Ke· 2025-09-04 09:27
Core Points - The EU General Court upheld the data transfer agreement between the EU and the US, rejecting a lawsuit by French MEP Philippe Latombe, who argued that the agreement did not fully respect EU data protection rules [1] - The court's ruling indicates that the US has ensured adequate protection for personal data transferred from the EU, which has been welcomed by US digital lobbying groups [1] - Privacy advocates expressed surprise at the court's decision, as they expected a procedural dismissal rather than a substantive validation of the agreement [1] Group 1: Legal Framework and Challenges - Since 1995, EU law prohibits the transfer of personal data outside the EU unless there is absolute necessity, requiring non-EU countries to provide "essentially equivalent" protection [2] - The EU Court has previously ruled that US laws do not provide "essentially equivalent" protection, yet the EU Commission approved the "Transatlantic Data Privacy Framework" (DPF) in July 2023, allowing EU companies to transfer data to US vendors despite existing surveillance laws [2][3] - The Privacy and Civil Liberties Oversight Board (PCLOB) is the only general oversight body in the US to ensure compliance with laws and commitments, but its effectiveness is questioned due to a lack of members [3] Group 2: Impact of the Trump Administration - The Trump administration has historically disregarded European concerns regarding data privacy, failing to support the PCLOB or the DPF's adequacy determination [4] - The administration's actions, including the dismissal of all three Democratic members of the PCLOB, have raised concerns about the board's ability to function effectively [5] - Trump's executive order aimed at ensuring accountability across federal agencies may undermine the Federal Trade Commission's ability to independently enforce DPF privacy principles [6] Group 3: Future Implications and Monitoring - The EU General Court's ruling does not preclude further challenges to the agreement, and MEP Latombe may appeal to the EU Court of Justice, which could have a different perspective [7] - If key elements relied upon by the EU are deemed ineffective, the EU may have to repeal the agreement, potentially leading to a situation similar to previous frameworks [7] - The US government's dual approach to cross-border data transfer is evident, as it takes extreme legal measures against TikTok while simultaneously protecting US companies from EU regulations [8]